Patna High Court
Reeta DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- PRABHAT KUMAR SINGH
Holding
The Court held that bail must be granted as the circumstances did not warrant continued detention.
Summary
The petitioners, Reeta Devi, Lakshman Yadav, Madan Yadav and Lakeshari Devi, sought bail fearing arrest in a case arising from a land‑dispute scuffle that resulted in injuries to both sides. The FIR alleged offences under sections 126(2), 115(2), 117(2), 74, 109, 303(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023. The State opposed the bail application, arguing the seriousness of the charges. The Court examined the facts, the nature of the dispute, and the statutory provisions governing bail, particularly section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023. Finding no compelling reason to deny liberty, the Court allowed bail on the condition of a Rs.10,000 bond with two sureties, subject to surrender within eight weeks.
Issues considered
- Whether bail should be granted to the petitioners despite the serious charges under the Bharatiya Nyaya Sanhita, 2023
- Whether the conditions imposed under section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 are appropriate
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 482
- Bharatiya Nyaya Sanhita — s. 109, 115(2), 117(2), 126(2), 303(2), 351(2), 352, 74
Subjects
- bail
- criminal procedure
- land dispute
- Bharatiya Nyaya Sanhita
- Bharatiya Nagarik Suraksha Sanhita
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3996 of 2026
Arising Out of PS. Case No.-712 Year-2025 Thana- FATEHPUR District- Gaya
======================================================
1. Reeta Devi W/o- Lakshman Yadav Village - Sadaval @ Sadawa, P.s.-
Tankuppa, District - Gaya ji
2. Lakshman Yadav S/o- Late Baleshwar Yadav Village - Sadaval @ Sadawa,
P.s.- Tankuppa, District - Gaya ji
3. Madan Yadav S/o- Late Baleshwar Yadav Village - Sadaval @ Sadawa, P.s.-
Tankuppa, District - Gaya ji
4. Lakeshari Devi @ Kaleshari Devi W/o- Late Baleshwar Yadav Village -
Sadaval @ Sadawa, P.s.- Tankuppa, District - Gaya ji
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Durgesh Nandan, Advocate
For the Opposite Party/s : Mr. Pramod Kumar Pandey, APP
Mr. Anmol Kumar, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
ORAL ORDER
2 03-02-2026 Heard learned counsel for the parties.
2. Petitioners apprehend arrest in a case registered for
the offence punishable under sections 126(2), 115(2), 117(2),
74, 109, 303(2), 352, 351(2) of the Bharatiya Nyaya Sanhita,
2023.
3. As per FIR, on account of land dispute scuffle took
place between the parties in which both sides sustained injuries.
Case and counter case.
4. Learned counsel for the State opposes the prayer
for bail.
Patna High Court CR. MISC. No.3996 of 2026(2) dt.03-02-2026
2/2
5. Considering the facts of the case, prayer for bail of
these petitioners is allowed. In the event of arrest/surrender
within a period of eight weeks from today, let these petitioners,
named above, be enlarged on bail on furnishing bail bond of
Rs.10,000/- (ten thousand) each with two sureties of the like
amount each to the satisfaction of the Chief Judicial Magistrate,
Gaya in Fatehpupr Police Station Case No. 712 of 2025, subject
to the conditions laid down under section 482 Bharatiya Nagarik
Suraksha Sanhita, 2023.
(Prabhat Kumar Singh, J)
Shashi
U T
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